Terms And Conditions - Custom Creations

Terms and Conditions

[Last Updated 6/30/2021]

Welcome to Custom Creations. The CustomCreations.us website, and our mobile CustomCreations.us site are collectively the “Custom Creations Properties” and each individually is a “Custom Creations Property.” By using any Custom Creations Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Custom Creations Property. Additional or separate terms may apply to your interactions with other Custom Creations websites. We may make changes to any Custom Creations Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Custom Creations Properties.

Use of the Custom Creations Properties

You may use the Custom Creations Properties for your personal, noncommercial use only. You may not use any Custom Creations Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Custom Creations Properties only with involvement of a parent or guardian.

Privacy

Your use of the Custom Creations Properties is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Information on Our Site

We try to be as accurate as possible with the information we present on the Custom Creations Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item on our website may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Paying for Your Order

Generally, we’ll charge your payment method for an item when you the place order. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.

Proprietary Rights

All content included on or comprising the Custom Creations Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Custom Creations owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Custom Creations logo and other trademarks on the Custom Creations Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Custom Creations and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

User Generated Content: Reviews, Comments, Communications, and Other Content

You may interact with the Custom Creations Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Custom Creations a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Custom Creations to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

If you believe that your copyrighted material may have been infringed, please provide the Custom Creations Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

The Custom Creations designated agent to receive notifications of claimed infringement can be reached by:

Email:
info@CustomCreations.us

For additional information regarding this procedure, please reference 17 USC 512.

Disclaimers and Limitation of Liability

CUSTOM CREATIONS PROVIDES THE CUSTOM CREATIONS PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE CUSTOM CREATIONS PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CUSTOM CREATIONS PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A CUSTOM CREATIONS PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM CREATIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY CUSTOM CREATIONS PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A CUSTOM CREATIONS PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A CUSTOM CREATIONS PROPERTY OR CUSTOM CREATIONS GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

Links to Third-Party Websites

The Custom Creations Properties contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. Custom Creations does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a Custom Creations Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Export

Certain software or other materials (“Software”) that you may obtain through the Custom Creations Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Custom Creations Properties only for lawful purposes. Activities including, but not limited to, tampering with any Custom Creations Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Custom Creations Properties are prohibited.

You may not violate or attempt to violate the security of the Custom Creations Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Custom Creations Property for unintended purposes or trying to change the behavior of any Custom Creations Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Custom Creations Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Custom Creations (impersonating Custom Creations) or to any Custom Creations Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Custom Creations, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Custom Creations Property or any activity being conducted on any Custom Creations Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Custom Creations Property other than the search engine and search agents we provide and generally publicly available browsers.

Dispute Resolution by Binding Individual Arbitration

ANY DISPUTE INVOLVING YOU AND CUSTOM CREATIONS OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.

“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Custom Creations whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) use of Custom Creations’s websites; (2) any service terms and conditions; and/or (3) any products or services offered, sold, or distributed by Custom Creations including, but not limited to, the advertising of or the sales practices for such products and services.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

YOU AND CUSTOM CREATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Custom Creations agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF FLORIDA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST CUSTOM CREATIONS.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Custom Creations Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Custom Creations Property at any time without prior notice.